Minnesota Pollution Control Agency

Transcription

1 Minnesota Pollution Control Agency STATE OF MINNESOTA Minnesota Pollution Control Agency MUNICIPAL DIVISION PUBLIC NOTICE OF INTENT TO ISSUE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)/ STATE DISPOSAL SYSTEM (SDS) PERMIT MN Met Council Basin Total Phosphorous Permit Public Comment Period Begins: May 6, 2015 Public Comment Period Ends: June 5, 2015 Name and Address of Permittee: Metropolitan Council Environmental Services (MCES) 390 Robert Street North St. Paul, MN Permitted Facility Names and Locations: MCES Name Individual Facility Location NPDES/SDS Permit Number MN NW ¼ of SW ¼ of S34, T27N, R21W Eagles Point Empire MN NE ¼ of S17, T115N, R18W Hastings MN SW ¼ of S22, T115N, R17W Metropolitan MN SE ¼ of SE ¼ of S9, T28N, R22W Seneca MN NW ¼ of S18, T27N, R23W

2 Page 2 of 5 Receiving Waters: MCES Name Individual NPDES/SDS SD Station Station Location Eagles Point SD002 NW ¼ of SW ¼ of S34, T27N, R21W Empire SD002 NE ¼ of S17, T115N, R18W Hastings SD001 SW ¼ of S22, T115N, R17W Discharge Receiving Water Receiving Water Classification Receiving Water AUID* 2B,3C,4A,4B,5, B,3C,4A,4B,5, B,3C,4A,4B,5, Metropolitan SD001 SE ¼ of SE ¼ of S9, T28N, R22W 2C,3C,4A,4B,5, Seneca SD001 NW ¼ of S18, T27N, R23W *AUID Assessment Unit Identification Minnesota 2C,3C,4A,4B,5, Introduction and Purpose The Metropolitan Council Environmental Services (MCES) Basin Total Phosphorous (TP) Permit (Permit) establishes a combined TP limit for five MCES owned and operated wastewater treatment plants (s) that discharge to, or upstream of, Pools 2, 3 and 4 and Lake Pepin (MCES-Eagles Point, MCES Empire, MCES Metropolitan, MCES Seneca and MCES Hastings ). This Permit authorizes the MCES (Permittee) to aggregate the TP WQBEL among the five s. The TP limit established in this Permit is intended to allow for efficient long-term planning and use of publiclyowned regional resources in order to achieve the collective TP reduction goals for the Basin and Lake Pepin Watershed. The TP limit represents the sum of the TP Water Quality Based Effluent Limits (WQBEL) for the five s to achieve both the current Wisconsin water quality standards and Minnesota s eutrophication standards for the and Lake Pepin. Minnesota s river eutrophication criteria and site specific standards for Lake Pepin are compatible with Wisconsin s existing TP water quality standard for Pool 3 of the. This Permit does not authorize a discharge of any pollutant other than TP. The Permittee is required to comply with all of the conditions specified in this Permit as well as the individual NPDES/SDS Permits associated with each. The individual NPDES/SDS Permits include specific concentration based TP limits and monitoring requirements. This Permit does not authorize any backsliding in violation of state and federal regulations. A general facility description for each permitted MCES is included in the Permit and additional information on each can be found in the respective individual NPDES/SDS permit. The location of the permitted MCES is located on page 5.

3 Page 3 of 5 Preliminary Determination on the Draft Permit The MPCA Commissioner has made a preliminary determination to issue this NPDES/SDS Permit for a term of approximately five years. A draft permit is available for review at the MPCA office at the St. Paul address listed below and on-line at A copy of the draft permit will be mailed to you if the MPCA receives your written or oral request at this office. If you have questions about this draft permit or the Commissioner's preliminary determination, please contact Nicole Blasing at Written Comments You may submit written comments on the conditions of the draft permit or on the Commissioner s preliminary determination. Written comments must include the following: 1. A statement of your interest in the permit application or the draft permit. 2. A statement of the action you wish the MPCA to take, including specific references to sections of the draft permit that you believe should be changed. 3. The reasons supporting your position, stated with sufficient specificity as to allow the Commissioner to investigate the merits of your position. Petition for Public Informational Meeting You also may request that the MPCA Commissioner hold a public informational meeting. A public informational meeting is an informal meeting that the MPCA may hold to solicit public comment and statements on matters before the MPCA, and to help clarify and resolve issues. A petition requesting a public informational meeting must include the following information: 1. A statement identifying the matter of concern. 2. The information required under items 1 through 3 of Written Comments, identified above. 3. A statement of the reasons the MPCA should hold a public informational meeting. 4. The issues that you would like the MPCA to address at the public informational meeting. Petition for Contested Case Hearing You also may submit a petition for a contested case hearing. A contested case hearing is a formal evidentiary hearing before an administrative law judge. In accordance with Minn. R , the MPCA will grant a petition to hold a contested case hearing if it finds that: (1) there is a material issue of fact in dispute concerning the application or draft permit; (2) the MPCA has the jurisdiction to make a determination on the disputed material issue of fact; and (3) there is a reasonable basis underlying the disputed material issue of fact or facts such that the holding of the contested case hearing would allow the introduction of information that would aid the MPCA in

4 Page 4 of 5 resolving the disputed facts in making a final decision on the draft permit. A material issue of fact means a fact question, as distinguished from a policy question, whose resolution could have a direct bearing on a final MPCA decision. A petition for a contested case hearing must include the following information: 1. A statement of reasons or proposed findings supporting the MPCA decision to hold a contested case hearing according to the criteria in Minn. R , as discussed above. 2. A statement of the issues proposed to be addressed by a contested case hearing and the specific relief requested or resolution of the matter. In addition and to the extent known, a petition for a contested case hearing should also include the following information: 1. A proposed list of prospective witnesses to be called, including experts, with a brief description of proposed testimony or summary of evidence to be presented at a contested case hearing. 2. A proposed list of publications, references, or studies to be introduced and relied upon at a contested case hearing. 3. An estimate of time required for you to present the matter at a contested case hearing. MPCA Decision You may submit a petition to the Commissioner requesting that the MPCA Citizens Board (Board) consider the permit issuance. To be considered timely, the petition must be received by the MPCA by 4:30 p.m. on the date the public comment period ends, identified on page 1 of this notice. Under the provisions of Minn. Stat , subd. 6(4), the decision whether to issue the permit and, if so, under what terms will be presented to the Board for decision if: (1) the Commissioner grants the petition requesting the matter be presented to the Board; (2) one or more Board members request to hear the matter before the time the Commissioner makes a final decision on the permit; or (3) a timely request for a contested case hearing is pending. You may participate in the activities of the Board as provided in Minn. R The written comments, requests, and petitions submitted on or before the last day of the public comment period will be considered in the final decision on this permit. If the MPCA does not receive written comments, requests, or petitions during the public comment period, MPCA staff as authorized by the Board, will make the final decision on the draft permit. Comments, petitions, and/or requests must be submitted in writing on or before the end date of the public comment period identified on page 1 of this notice to: Nicole Blasing Municipal Division 7378 College Road, Suite 105 Baxter, MN 56425

5 Page 5 of 5 Locational Map of Permitted MCES s